Dany Khayat

Pending or recent experience in investor/State disputes include the following representations:

• A French investor in an ICSID Arbitration against the Republic of Croatia in a dispute arising from Croatia’s adoption of legislation in the banking industry (ICISD Case No. ARB/19/33).
• The Republic of India in an UNCITRAL/PCA investment treaty arbitration brought by a state owned Korean company arising out of that company’s investment in a power plant in Maharashtra State in India.
• The Kingdom of Morocco in an ICSID Arbitration brought by a German investor in a dispute which relates to a series of measures regarding the export of ferrous scraps and the import of metallic bars (ICSID Case No. ARB/19/2).
• A UAE company in an UNCITRAL/PCA investment treaty arbitration brought pursuant to the Agreement for Promotion, Protection and Guarantee of Investments among Member States of the Organisation of the Islamic Conference (OIC Investment Treaty), concerning numerous large construction projects throughout Libya.
• An Asian company in an UNCITRAL arbitration against the State of Libyaon the basis of an investment treaty concerning housing projects initiated in Libya pre-revolution.
• The Republic of Gambia in an ICSID Arbitration brought by Western African Aquaculture Ltd, Kurt Lennart Hansson and Martje Bolt Hansson in a dispute arising out of the alleged expropriation of a shrimp farming and processing operation (ICSID Case No. ARB/18/10).
• A PRC investor in an investment treaty claim against the Republic of Ecuador arising out of the taking of its mining rights in Ecuador.
• Canadian and US investors in two UNCITRAL investment arbitrations against Romania in a dispute arising out of our clients’ investment in the media industry.
• Kuwaiti investors in an ICSID Arbitration against the Hashemite Kingdom of Jordan in a dispute related to the tax treatment of their investment (ICSID Case No. ARB/13/38).
• A Canadian investor in a NAFTA Arbitration under the Rules of ICSID’s Additional Facility against the United Mexican States in a dispute related to Claimant’s investment in the real estate sector in Mexico (ICSID Case No. ARB(AF)15/2).
• The Arab Republic of Egypt as respondent in an ICSID Arbitration initiated by a French multinational corporation with respect to a waste management services contract in a major Egyptian city (ICSID Case No. ARB/12/15).
• A European company against a North African State in an UNCITRAL investor-State dispute on the basis of a bilateral investment treaty relating to the construction of a major infrastructure project in that country.
• The Republic of The Gambia in an ICSID Arbitration initiated by the subsidiary of a mining company in a dispute related to the termination of a mining license in that country including before an ad hoc Committee (ICSID Case No. ARB/09/19).
• A US investor and his US companies in an ICSID Arbitration against the Republic of Romania in a dispute related to the expropriation and treatment of their investments in the press distribution and real estate sectors (ICSID Case No. ARB/10/13).
• The Republic of The Gambia in two ICSID Arbitrations against a British oil company in a dispute related to the termination of concessions in off-shore fields in that country (ICSID Case No. ARB/14/16 and ICSID Case No. ARB/14/7).
• An investor from the Dutch West Indies in the jurisdiction phase of an ICSID Arbitration against a North African State in a matter relating to the banking sector in that country.
• A European investor in the water distribution and purification sector in an ICSID Arbitration against a Latin American State, in a dispute related to the cancellation of a concession in that country.
• North American investors in the textile industry in an ICSID Arbitration against an Arab State in the jurisdiction phase of ICSID proceedings.
• Advice to various investors and States on investment treaty matters in relation to disputes in various countries (Eastern-Europe, Asia, Middle-East, Latin-America) under various investment treaties, including bilateral investment treaties, the Energy Charter Treaty and the Investment Agreement of the Organization of Islamic Cooperation.

Pending or recent experience in commercial arbitrations include the following representations:

• A BVI company in an ICC arbitration initiated by a Middle-Eastern company against the client and a French Company arising out of an alleged wrong termination of a joint venture that would have enabled the parties to submit a bid in the Middle East.
• Several Tunisian companies against two closed joint stock companies in Bahrain in an ICC and then DIFC–LCIA arbitration related to the alleged non-performance of a settlement agreement.
• A group of European insurers in an ICC arbitration seated in Paris initiated by two European companies related to an alleged breach of an insurance policy.
• A North American construction company in an ICC arbitration seated in Geneva against a North African state-owned company in a dispute related to the termination of a FIDIC contract for the construction of the company’s new corporate headquarters.
• A construction company based in the United Arab Emirates as Employer in a FIDIC Silver Book contract dispute for the refurbishment of a landmark hotel in a West African capital against a South African contractor before a DAB.
• A West-African State in an ICC arbitration seated in Paris against a European and an African company concerning the construction a railway project in several countries in West-Africa.
• A West African State in arbitration proceedings conducted under the Rules of the London Maritime Arbitrators Association in a dispute involving its European partner (and its Pacific Islands entity) in a Joint Venture agreement for transportation services.
• A Middle-Eastern company in an ICC arbitration initiated by a Dutch company in a dispute related to a license agreement and related intellectual property issues mainly in the Middle-East.
• A Middle-Eastern company against an Asian company in SIAC arbitration proceedings concerning a breach of contract in relation to the health sector in an Arab country.
• A Middle-Eastern individual against an Asian company in ICC arbitration proceedings relating to the breach of a contract of provision of legal services in an Arab country.
• A Middle-Eastern company in an ICC arbitration, against other Middle-Eastern parties, in a dispute related to the breach of a Joint Venture agreement for the distribution of food products in the Middle East.
• Two Middle-Eastern companies in two separate ICC arbitration against a North American construction company in disputes related to the construction of a landmark project in a North African capital city.
• A Middle Eastern individual in an ICC dispute over breaches of a consultancy agreement for services rendered in a Middle-Eastern country.
• A French company in ICC arbitration against an Asian company concerning the breach of a distribution agreement and subsequent enforcement actions.
• A leading North American pharmaceutical company in an ICC arbitration against an Asian licensee relating to complex issues of counterfeiting and the consequences of decisions taken by a European patent agency.
• Three Middle Eastern individuals in an ICC arbitration against an Asian entity over breaches of a legal services agreement in relation with a dispute in a Middle-Eastern country.
• Two European companies in an ICC arbitration against two European companies in the chemical industry over breaches of an asset purchase agreement.
• A Middle-Eastern company in an ICC arbitration against another Middle-Eastern company in a dispute over to breaches of an asset purchase agreement.
• A Middle-Eastern company against a European company in a CMAP arbitration in a dispute over a distribution contract in a Middle-Eastern country.
• A leading European hotel management company in an ICC arbitration against the owner of a landmark hotel in a European country.
• A Middle-Eastern company in a RSA arbitration against another Middle-Eastern company over the performance of a sales contract.
• A European company in a GAFTA arbitration against an Asian company in a dispute concerning the performance of a commodities contract and the effect of sanctions.
• A European company in a AFA arbitration over a share purchase agreement against another European company.
• A European chemical company in a series of ad hoc and ICC arbitration proceedings and related litigation before US courts initiated against European subsidiaries of a North-American chemical company concerning Joint Venture and confidentiality agreements.

Recent Experience as Arbitrator

• Member of the Conciliation Commission constituted in the ICSID case CONC/19/1 La Camerounaise des Eaux (CDE) c. République du Cameroun et Cameroon Water Utilities Cooperation (CAMWATER); French language (pending).
• President of the arbitral tribunal in a WIPO arbitration between two French companies; seat in Paris; French law applicable; French language.
• President of the arbitral tribunal in ICC arbitration between two Middle Eastern companies; seat in Doha; Qatari law applicable; English language.
• President of the arbitral tribunal in CRCICA arbitration between two Middle Eastern companies, seat in Cairo; Egyptian law applicable, English language.
• President of the arbitral tribunal in ad hoc arbitration between a Saudi Arabian company and an Egyptian company; seat in Cairo (Egypt); Law of a North African State applicable and Arab language.
• Sole Arbitrator in ICC arbitration between a European company and a North African company; seat in Paris; Law of North African State applicable; French language.
• Co-arbitrator in BCDR-AAA (Bahrain Chamber for Dispute Resolution) arbitration between a Middle Eastern company and a Middle Eastern State; with seat in Bahrain; law of a Middle Eastern State applicable; English language.
• Co-Arbitrator in DIAC arbitration between two Middle Eastern companies; seat in Dubai; Missouri law applicable; English language.
• Sole Arbitrator in CRCICA arbitration between two Middle Eastern companies; seat in Cairo; Egyptian law applicable; English and Arabic language.
• Co-Arbitrator in ICC arbitration between an African and Cayman Island companies and an African State; seat in The Hague; law of the African State applicable; French language.
• Co-Arbitrator in ad hoc arbitration between two Middle Eastern companies; seat in Cairo; Egyptian law applicable; Arabic language.
• Co-Arbitrator in ICC arbitration between a European State and a European company; seat in Paris; French law; English language.
• Sole Arbitrator in DIAC arbitration between a Middle Eastern company and Central Asian individuals; seat in Dubai, Federal and State law of a Middle Eastern country; English language.

Université Paris II Panthéon-Assas, DEA in international law, with honors

Université Paris II Panthéon-Assas, Maîtrise in business law

Université Paris II Panthéon-Assas, Institut des hautes études internationales; Diploma

Institut d’Etudes Politiques de Paris, Diploma, international section

• Paris

• Member of the Advisory Committee of The Cairo Regional Centre for International Commercial Arbitration.
• Expert in UbiFrance’s Cercle Proche et Moyen Orient.
• International Arbitration Institute (Young Practitioner).
• Association Suisse d’Arbitrage (ASA) ‘below 40’.
• The London Court of Arbitration’s Young International Arbitration Group.
• A member of the ICC’s Arab Arbitration Group, of the LCIA Arab User’s Council, and the International Bar Association, Dany Khayat has written extensively on international arbitration and investor/State disputes for the past 15 years, participated as speaker in more than 20 conferences around the world and taught courses on international arbitration and investor/State disputes at various French universities.